In Flynn v. Holder, 684 F.3d 852 (9th Cir. 2012), the U.S. Court of Appeals for the Ninth Circuit held that the National Organ Transplant Act does not prohibit compensation for bone marrow donors when the donation is accomplished via peripheral blood stem cell apheresis. The peripheral blood stem cell apheresis method of transplantation does not require any “soft, fatty marrow” to be donated and transplanted. As a result, there is no transfer of a “human organ” as defined by the statute.
Read the full decision here.